The Clean Slate Act

The California Clean Slate Act

Legal researcher Darren Chaker, and gives an overview of the Clean Slate Act that gives a person to the seal the public record relating to a conviction. The ability to seal or expunge a criminal record can be a pivotal step toward rehabilitation and reintegration into society.

In 2023, the California Clean Slate Act was implemented by Senate Bill 731 (SB 731). Prior to the implementation of the law, an expunged conviction remained a public record. This is significant since,  one of many organization supporting the new law stated, “In California alone, eight million people – one in five state residents – are living with a past conviction or record.”

The law automatically expunges and seals certain criminal records for individuals in California who have completed their sentences and met specific criteria. The law also allows a defendant to file a motion with the court to expunge and seal a record in the event the state did not do so.

In 2023, the California Clean Slate Act was implemented by Senate Bill 731 (SB 731). Prior to the implementation of the law, an expunged conviction remained a public record. This is significant since,  one of many organization supporting the new law stated, “In California alone, eight million people – one in five state residents – are living with a past conviction or record.”The law automatically expunges and seals certain criminal records for individuals in California who have completed their sentences and met specific criteria. The law also allows a defendant to file a motion with the court to expunge and seal a record in the event the state did not do so.

Just a few years prior to the Clean Slate Act, Penal Code 851.91 was enacted to seal a criminal record for those who were arrested, but never charged or convicted may file a Petition to Seal Arrest and Related

These processes effectively remove records from public view, mitigating the adverse impacts of a criminal history on employment, housing, and other opportunities1. While the terms “sealing” and “expungement” are often used interchangeably, they represent distinct legal mechanisms with specific requirements and outcomes. This record sealing article by Darren Chaker aims to clarify these distinctions, explore the relevant California laws, and guide individuals through the process of cleaning their records.

Understanding the Terminology Under the Clean Slate Act

Prior to the Clean Slate Act, a “true expungement” technically doesn’t exist. Instead, the state offered processes to seal arrest records under limited circumstances (PC851.8) and or to dismiss convictions, which did not achieve the outcome of limiting public access to these records.

Sealing a Record: Generally applies to arrest records where no conviction resulted. This means the individual was either not charged, the charges were dismissed, or they were acquitted at trial. Sealing an arrest record essentially removes it from public access at the courthouse, disallows reporting sealed records background check companies, thus it would appear as if the arrest never occurred.

However, the Clean Slate Act does not restrict police from accessing the records or sharing them with other law enforcement agencies, but does prevent disclosure of them to those who are not in law enforcement.

Dismissal of Conviction (Often Referred to as Expungement): This process, governed primarily by California Penal Code Section 1203.4 and 1203.045, allows individuals who have successfully completed probation for a misdemeanor or felony to petition the court to withdraw their guilty plea or set aside the verdict and dismiss the charges. Although the conviction remains on the individual’s record, the dismissal signifies rehabilitation and can significantly improve their prospects.

Record Sealing Under California Law Under the Clean Slate Act

California law provides several avenues for sealing arrest records, primarily focusing on situations where the arrest did not lead to a conviction.

Sealing Under the Clean Slate Act

California’s Clean Slate Law, officially known as Senate Bill (SB) 731, has automated the record-sealing process for many individuals. Under this law, criminal records of those who have completed their sentence and remained conviction-free for a specified period are automatically sealed. This includes arrest records where no charges were brought.

• Misdemeanor Records: Generally sealed one year after completing the sentence.
• Felony Records: Typically sealed four years after completing the sentence.
• Probation: Records are sealed immediately upon successful completion of probation for both misdemeanors and felonies1.

However, certain serious crimes, such as sex offenses, child pornography, arson, and murder, are not eligible for automatic sealing.

California Penal Code Section 1203.4 is the primary statute governing the dismissal of convictions, often referred to as expungement. This law allows individuals who have successfully completed probation to petition the court to withdraw their guilty plea or set aside the verdict, and have the case dismissed.

Eligibility Requirements

To be eligible for expungement under Section 1203.4, the individual must:

• Have completed probation.
• Not be currently serving a sentence for another offense.
• Not be charged with any other crime.

Expanding Eligibility Through Senate Bill 731

Senate Bill 731 significantly expanded eligibility for expungement by allowing the courts to grant expungement for certain felony convictions, even if a prison sentence was imposed. Previously, a prison sentence would have automatically disqualified an individual from expungement. As of July 1, 2023, expungement may be granted if:

• The felony is not specifically excluded by law (e.g., sex offenses requiring registration, crimes against children).
• At least two years have passed since the person completed their prison term.

The Expungement Process Under The Clean Slate Act

The expungement process is simple as explained by the Superior Court of Orange County. The steps include:

1. File a Petition: The individual must file a petition with the court requesting expungement.
2. Court Review: The court reviews the petition and considers factors such as the individual’s criminal history, rehabilitation efforts, and the interests of justice.
3. Hearing (if necessary): The court may hold a hearing to gather additional information and hear arguments from both sides.
4. Court Decision: If the court grants the petition, the individual can withdraw their plea or have the verdict set aside, and the case is dismissed.

The Benefits of Expungement

Successfully obtaining an expungement can offer numerous benefits, including:

• Improved Employment Prospects: Expungement can remove barriers to employment by allowing individuals to truthfully state that they have not been convicted of a crime on most job applications.
• Enhanced Housing Opportunities: Landlords are less likely to discriminate against individuals with expunged convictions.
• Increased Opportunities for Education and Licensing: Expungement can facilitate access to educational programs and professional licenses.
• Personal Satisfaction: Cleaning one’s record can provide a sense of closure and a fresh start.

The Clean Slate Act’s Exceptions and Limitations

It is important to note that certain crimes are not eligible for sealing or expungement in California. These include:

• Serious or violent felonies, such as murder, rape, and robbery.
• Crimes requiring registration as a sex offender.
• Crimes against children.
• Cases where probation was not successfully completed.

Additionally, even when a record is sealed or a conviction is dismissed, certain entities may still have access to the record, including law enforcement agencies and some government licensing boards.

Sealing an Arrest Not Resulting in Conviction Penal Code Section 851.91

This law allows individuals arrested but not convicted to petition the court to seal their arrest records. Eligibility is broad, encompassing situations where:

• No charges were filed.
• Charges were filed but later dismissed.
• The individual was found not guilty at trial.
• A conviction was vacated or overturned on appeal.
• Charges were dismissed after completing a pretrial diversion program. Penal Code section 1000-1000.88 explains many examples deferred entry of judgement, drug court, military diversion, bad check diversion, LEAD diversion, traffic diversion, theft diversion, mental health diversion, and primary caregiver diversion.

An easy to use record sealing Self-Help Guide is posted by the California Courts on how to determine eligibility and fill out the easy to use PDF fillable forms.

Penal Code Section 851.87

This statute provides another pathway for sealing arrest records when no charges are filed. Key requirements include:

• At least one year has passed since the arrest.
• No charges have been filed.
• The individual has not been arrested for any other offense since the initial arrest.

Right to Deny Arrest Took Place

Another benefit legal researcher Darren Chaker notes is that under California Penal Code Section 851.93, sealing an arrest record offers significant benefits such as denying the arrest ever took place. Subdivision (b)(3) states in relevant part that, “an arrest for which arrest relief has been granted is deemed not to have occurred, and a person who has been granted arrest relief is released from any penalties and disabilities resulting from the arrest, and may answer any question relating to that arrest accordingly.”

In addition, the law makes it a crime if the court releases the sealed record. Specifically, “the court shall not disclose information concerning” any relief afforded an arrest, diversion, or conviction, except to the subject of the relief or a criminal justice agency.”

This “clean slate” allows individuals to pursue employment, housing, and other opportunities without the stigma of a past arrest. There are very limited exceptions such as contracting with the California Lottery Commission, so it is important to know if such an exception applies to you.

Proposition 64 and Marijuana-Related Offenses

Proposition 64, which legalized recreational marijuana in California, also provides a mechanism for individuals with prior marijuana-related convictions to petition the court to have those convictions dismissed and sealed. This applies to offenses that are now decriminalized under California law.

Darren Chaker and Record Clearance Assistance

Navigating the complexities of California’s record sealing and expungement laws can be challenging. Individuals seeking to clean their records should seek guidance from qualified legal professionals.

While Darren Chaker is a notable resource to it is best to consult the Public Defender who may file a petition on your behalf without cost, or other attorney in the county where arrest records are located. Last, the process is not a difficult one to accomplish on your own. The San Diego District Attorney posted useful information on record sealing.

Conclusion

California offers several pathways for individuals to seal arrest records and dismiss convictions, providing a valuable opportunity to overcome the barriers created by a criminal history12. By understanding the specific requirements and procedures outlined in California law, and seeking assistance from experienced legal counsel, individuals can take proactive steps toward a brighter future.

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